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Expert Analysis

Tech, Pharma Divided Over Section 101 Challenges Post-Alice

By Jennifer Koh and Parker Tresemer (July 3, 2017, 10:34 AM EDT) -- 35 U.S.C. § 101 defines patentable subject matter as "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof." Prior to 2010, courts had long recognized a number of well-settled limitations on Section 101, under which laws of nature, natural phenomena and abstract ideas are not entitled to patent protection. However, specific applications of those concepts could be protected....

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